Senator Hisey Newsletter

March 2nd, 2022

Clean Slate Bill

My bill, SB22-099, called the Clean Slate bill is about how we deal with people that have a nonviolent crime in their past, paid all fines, fees, restitution, completed all required sentencing and parole requirements. Also, the required number of years have lapsed with no subsequent violations to be eligible for record sealing, just as current Colorado law does.

SB-99 is a limited government bill; it removes governmental barriers to economic participation by automating the clearing of records. It frees people to participate fully in our economic system without undue regulations or interference.    

This bill does not change what crimes are eligible for sealing or the length of time that a person must be offense free – usually 4 to 10 years. What changes is that they no longer would have to pay filing fees and hire an attorney to seal their record. The process would be automated.

Sealing is not to be confused with expungement. Expungement effectively erases all records of the crime, sealing makes it unavailable for all to see except law enforcement – including judges and the D.A.’s who will still have the ability to block sealing if there are overriding concerns.

So why now?  Many people are being held back from meaningful employment and housing because of old records. Research shows that after one year of record clearance people are 11% more likely to be employed and are earning 25% higher wages. Proper housing and good jobs are important steps in building strong, healthy families, and giving children a better chance of living in stable nurturing homes.

Over 30 businesses supported this bill as diverse as J.P. Morgan and Home Depot. They recognize the need to revitalize the workforce with people that are ready and willing to work. Many people representing a variety of organizations testified in favor of the bill, many testified in support of the amendments and no one testified against it. It came out of committee with unanimous bipartisan support.

Let me end by saying I tend to avoid complicated bills, not out of trepidation but because I believe most issues can be distilled down to a root cause that can be addressed. The Clean Slate concept is easy to understand. However, it touches so many statutes in Colorado law that we went to committee with a 29-page bill and several amendments. This bill not only simplifies the process for hundreds of thousands of Coloradans but makes the law easier to understand.

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